Section 212.04 - Conduct of the Hearing(a) The department shall fix a time and place for the hearing as early as may be arranged in the county where the person requesting the hearing resides, and shall give ten (10) days' notice of the hearing to the registered owner, the legal owner, and to any other person known to be claiming an interest in the vehicle,except that the hearing may be set for a different place with the concurrence of the person requesting the hearing and the period of notice may be waived.(b) The hearing shall be conducted by the Registrar or by a referee appointed by him from officers or employees of the department.(c) The entire proceedings shall be recorded by a phonographic recorder or otherwise perpetuated by mechanical, electronic, or other means capable of reproduction or transcription.(d) All evidence shall be taken only on oath or affirmation.(e) Each party shall have these rights: to call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him to testify; and to rebut the evidence against him. The registered owner may be called and examined as if under cross-examination.(f) Each party upon written request made to another party, prior to the hearing and within thirty (30) days after service by the department of the notice of lien, is entitled to(1) obtain the names and addresses of witnesses known to the other party, intended to be called to testify at the hearing, and(2) inspect and make a copy of all writings to include statements of witnesses, investigative reports, traffic or parking citations or any other thing which is relevant and which would be admissible in evidence at the hearing; this right does not extend to any writing or thing which is privileged from disclosure by law or otherwise made confidential or protected as attorney's work product.(g) Before the hearing is commenced, the department shall issue subpoenas and subpoenas duces tecum at the request of any party for attendance or production of documents at the hearing, in accordance with Section 11510 of the Administrative Procedure Act.(h) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence upon which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil action. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence but shall not be sufficient in itself to support a finding unless it be admissible over objection in civil actions. The rules of privilege shall be effective to the extent that they are otherwise required by statute to be recognized at the hearing, and irrelevant and unduly repetitious evidence shall be excluded.(i) In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state. Parties present at the hearing shall be informed of the matters to be noticed, and those matters shall be noted in the record, referred to therein, or appended thereto. Any such party shall be given a reasonable opportunity on request to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such representation to be determined by the department.(j) Upon the conclusions of the hearing, the referee shall make findings on the matters under consideration and shall prepare and submit recommendations to the Registrar.(k) The Registrar, or an employee designated by the Registrar to act on his behalf, following the hearing, upon review of the record, evidence, and the findings, shall render his decision concerning the validity of the imposition of the fees or penalties. The decision of the Registrar or his designee shall be effective on notice to the registered and legal owners.Cal. Code Regs. Tit. 13, § 212.04
1. Change without regulatory effect renumbering former section 310.04 to section 212.04 and amending and repositioning article 3.4 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30). Note: Authority cited: Section 1651, Vehicle Code; and Sections 11180, 11181 and 11182, Government Code. Reference: Section 9801, Vehicle Code.
1. Change without regulatory effect renumbering former section 310.04 to section 212.04 and amending and repositioning article 3.4 heading filed 7-19-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 30).